What changed, Directive 2009/31/EC

+ ## CHAPTER 1 / SUBJECT MATTER, SCOPE AND DEFINITIONS
− ### art_1
+ ### Article 1 — Subject matter and purpose
− Article 1
+ ### Article 2 — Scope and prohibition
− ### art_2
− Article 2
− 
+ ### Article 3 — Definitions
− ### art_3
− 
− Article 3
+ 1. ‘geological storage of CO2’ means injection accompanied by storage of CO2 streams in underground geological formations;
− | 1. | ‘geological storage of CO2’ means injection accompanied by storage of CO2 streams in underground geological formations; |
− | --- | --- |
+ 2. ‘water column’ means the vertically continuous mass of water from the surface to the bottom sediments of a water body;
− | 2. | ‘water column’ means the vertically continuous mass of water from the surface to the bottom sediments of a water body; |
− | --- | --- |
+ 3. ‘storage site’ means a defined volume area within a geological formation used for the geological storage of CO2 and associated surface and injection facilities;
− | 3. | ‘storage site’ means a defined volume area within a geological formation used for the geological storage of CO2 and associated surface and injection facilities; |
− | --- | --- |
+ 4. ‘geological formation’ means a lithostratigraphical subdivision within which distinct rock layers can be found and mapped;
− | 4. | ‘geological formation’ means a lithostratigraphical subdivision within which distinct rock layers can be found and mapped; |
− | --- | --- |
+ 5. ‘leakage’ means any release of CO2 from the storage complex;
− | 5. | ‘leakage’ means any release of CO2 from the storage complex; |
− | --- | --- |
+ 6. ‘storage complex’ means the storage site and surrounding geological domain which can have an effect on overall storage integrity and security; that is, secondary containment formations;
− | 6. | ‘storage complex’ means the storage site and surrounding geological domain which can have an effect on overall storage integrity and security; that is, secondary containment formations; |
− | --- | --- |
+ 7. ‘hydraulic unit’ means a hydraulically connected pore space where pressure communication can be measured by technical means and which is bordered by flow barriers, such as faults, salt domes, lithological boundaries, or by the wedging out or outcropping of the formation;
− | 7. | ‘hydraulic unit’ means a hydraulically connected pore space where pressure communication can be measured by technical means and which is bordered by flow barriers, such as faults, salt domes, lithological boundaries, or by the wedging out or outcropping of the formation; |
− | --- | --- |
+ 8. ‘exploration’ means the assessment of potential storage complexes for the purposes of geologically storing CO2 by means of activities intruding into the subsurface such as drilling to obtain geological information about strata in the potential storage complex and, as appropriate, carrying out inj…
− | 8. | ‘exploration’ means the assessment of potential storage complexes for the purposes of geologically storing CO2 by means of activities intruding into the subsurface such as drilling to obtain geological information about strata in the potential storage complex and, as appropriate, carrying out…
− | --- | --- |
+ 9. ‘exploration permit’ means a written and reasoned decision authorising exploration, and specifying the conditions under which it may take place, issued by the competent authority pursuant to the requirements of this Directive;
− | 9. | ‘exploration permit’ means a written and reasoned decision authorising exploration, and specifying the conditions under which it may take place, issued by the competent authority pursuant to the requirements of this Directive; |
− | --- | --- |
+ 10. ‘operator’ means any natural or legal, private or public person who operates or controls the storage site or to whom decisive economic power over the technical functioning of the storage site has been delegated according to national legislation;
− | 10. | ‘operator’ means any natural or legal, private or public person who operates or controls the storage site or to whom decisive economic power over the technical functioning of the storage site has been delegated according to national legislation; |
− | --- | --- |
+ 11. ‘storage permit’ means a written and reasoned decision or decisions authorising the geological storage of CO2 in a storage site by the operator, and specifying the conditions under which it may take place, issued by the competent authority pursuant to the requirements of this Directive;
− | 11. | ‘storage permit’ means a written and reasoned decision or decisions authorising the geological storage of CO2 in a storage site by the operator, and specifying the conditions under which it may take place, issued by the competent authority pursuant to the requirements of this Directive; |
− | --- | --- |
+ 12. ‘substantial change’ means any change not provided for in the storage permit, which may have significant effects on the environment or human health;
− | 12. | ‘substantial change’ means any change not provided for in the storage permit, which may have significant effects on the environment or human health; |
− | --- | --- |
+ 13. ‘CO2 stream’ means a flow of substances that results from CO2 capture processes;
− | 13. | ‘CO2 stream’ means a flow of substances that results from CO2 capture processes; |
− | --- | --- |
+ 14. ‘waste’ means the substances defined as waste in Article 1(1)(a) of Directive 2006/12/EC;
− | 14. | ‘waste’ means the substances defined as waste in Article 1(1)(a) of Directive 2006/12/EC; |
− | --- | --- |
+ 15. ‘CO2 plume’ means the dispersing volume of CO2 in the geological formation;
− | 15. | ‘CO2 plume’ means the dispersing volume of CO2 in the geological formation; |
− | --- | --- |
+ 16. ‘migration’ means the movement of CO2 within the storage complex;
− | 16. | ‘migration’ means the movement of CO2 within the storage complex; |
− | --- | --- |
+ 17. ‘significant irregularity’ means any irregularity in the injection or storage operations or in the condition of the storage complex itself, which implies the risk of a leakage or risk to the environment or human health;
− | 17. | ‘significant irregularity’ means any irregularity in the injection or storage operations or in the condition of the storage complex itself, which implies the risk of a leakage or risk to the environment or human health; |
− | --- | --- |
+ 18. ‘significant risk’ means a combination of a probability of occurrence of damage and a magnitude of damage that cannot be disregarded without calling into question the purpose of this Directive for the storage site concerned;
− | 18. | ‘significant risk’ means a combination of a probability of occurrence of damage and a magnitude of damage that cannot be disregarded without calling into question the purpose of this Directive for the storage site concerned; |
− | --- | --- |
+ 19. ‘corrective measures’ means any measures taken to correct significant irregularities or to close leakages in order to prevent or stop the release of CO2 from the storage complex;
− | 19. | ‘corrective measures’ means any measures taken to correct significant irregularities or to close leakages in order to prevent or stop the release of CO2 from the storage complex; |
− | --- | --- |
+ 20. ‘closure’ of a storage site means the definitive cessation of CO2 injection into that storage site;
− | 20. | ‘closure’ of a storage site means the definitive cessation of CO2 injection into that storage site; |
− | --- | --- |
+ 21. ‘post-closure’ means the period after the closure of a storage site, including the period after the transfer of responsibility to the competent authority;
− | 21. | ‘post-closure’ means the period after the closure of a storage site, including the period after the transfer of responsibility to the competent authority; |
− | --- | --- |
+ 22. ‘transport network’ means the network of pipelines, including associated booster stations, for the transport of CO2 to the storage site.
− | 22. | ‘transport network’ means the network of pipelines, including associated booster stations, for the transport of CO2 to the storage site. |
− | --- | --- |
+ ## CHAPTER 2 / SELECTION OF STORAGE SITES AND EXPLORATION PERMITS
− ### art_4
+ ### Article 4 — Selection of storage sites
− Article 4
+ ### Article 5 — Exploration permits
− ### art_5
− 
− Article 5
+ ## CHAPTER 3 / STORAGE PERMITS
− ### art_6
+ ### Article 6 — Storage permits
− Article 6
+ ### Article 7 — Applications for storage permits
− ### art_7
− Article 7
− 
+ 1. the name and address of the potential operator;
+ 
+ 2. proof of the technical competence of the potential operator;
− | 1. | the name and address of the potential operator; |
− | --- | --- |
+ 3. the characterisation of the storage site and storage complex and an assessment of the expected security of the storage pursuant to Article 4(3) and (4);
− | 2. | proof of the technical competence of the potential operator; |
− | --- | --- |
+ 4. the total quantity of CO2 to be injected and stored, as well as the prospective sources and transport methods, the composition of CO2 streams, the injection rates and pressures, and the location of injection facilities;
− | 3. | the characterisation of the storage site and storage complex and an assessment of the expected security of the storage pursuant to Article 4(3) and (4); |
− | --- | --- |
+ 5. a description of measures to prevent significant irregularities;
− | 4. | the total quantity of CO2 to be injected and stored, as well as the prospective sources and transport methods, the composition of CO2 streams, the injection rates and pressures, and the location of injection facilities; |
− | --- | --- |
+ 6. a proposed monitoring plan pursuant to Article 13(2);
− | 5. | a description of measures to prevent significant irregularities; |
− | --- | --- |
+ 7. a proposed corrective measures plan pursuant to Article 16(2);
− | 6. | a proposed monitoring plan pursuant to Article 13(2); |
− | --- | --- |
+ 8. a proposed provisional post-closure plan pursuant to Article 17(3);
− | 7. | a proposed corrective measures plan pursuant to Article 16(2); |
− | --- | --- |
+ 9. the information provided pursuant to Article 5 of Directive 85/337/EEC;
− | 8. | a proposed provisional post-closure plan pursuant to Article 17(3); |
− | --- | --- |
+ 10. proof that the financial security or other equivalent provision as required under Article 19 will be valid and effective before commencement of the injection.
− | 9. | the information provided pursuant to Article 5 of Directive 85/337/EEC; |
− | --- | --- |
+ ### Article 8 — Conditions for storage permits
− | 10. | proof that the financial security or other equivalent provision as required under Article 19 will be valid and effective before commencement of the injection. |
− | --- | --- |
+ The competent authority shall issue a storage permit only if the following conditions are met:
− ### art_8
+ 1. the competent authority, on the basis of the application submitted pursuant to Article 7 and of any other relevant information, is satisfied that:
− Article 8
+ (a) all relevant requirements of this Directive and of other relevant Community legislation are met;
− The competent authority shall issue a storage permit only if the following conditions are met:
+ (b) the operator is financially sound and technically competent and reliable to operate and control the site and that professional and technical development and training of the operator and all staff are provided;
− | 1. | the competent authority, on the basis of the application submitted pursuant to Article 7 and of any other relevant information, is satisfied that:(a)all relevant requirements of this Directive and of other relevant Community legislation are met;(b)the operator is financially sound and technic…
− | --- | --- |
− | (a) | all relevant requirements of this Directive and of other relevant Community legislation are met; |
− | (b) | the operator is financially sound and technically competent and reliable to operate and control the site and that professional and technical development and training of the operator and all staff are provided; |
− | (c) | in the case of more than one storage site in the same hydraulic unit, the potential pressure interactions are such that both sites can simultaneously meet the requirements of this Directive; |
+ (c) in the case of more than one storage site in the same hydraulic unit, the potential pressure interactions are such that both sites can simultaneously meet the requirements of this Directive;
− | 2. | the competent authority has considered any opinion of the Commission on the draft permit issued pursuant to Article 10. |
− | --- | --- |
+ 2. the competent authority has considered any opinion of the Commission on the draft permit issued pursuant to Article 10.
− ### art_9
+ ### Article 9 — Contents of storage permits
− Article 9
+ 1. the name and address of the operator;
− | 1. | the name and address of the operator; |
− | --- | --- |
+ 2. the precise location and delimitation of the storage site and storage complex, and information concerning the hydraulic unit;
− | 2. | the precise location and delimitation of the storage site and storage complex, and information concerning the hydraulic unit; |
− | --- | --- |
+ 3. the requirements for storage operation, the total quantity of CO2 authorised to be geologically stored, the reservoir pressure limits, and the maximum injection rates and pressures;
− | 3. | the requirements for storage operation, the total quantity of CO2 authorised to be geologically stored, the reservoir pressure limits, and the maximum injection rates and pressures; |
− | --- | --- |
+ 4. the requirements for the composition of the CO2 stream and the CO2 stream acceptance procedure pursuant to Article 12, and, if necessary, further requirements for injection and storage in particular to prevent significant irregularities;
− | 4. | the requirements for the composition of the CO2 stream and the CO2 stream acceptance procedure pursuant to Article 12, and, if necessary, further requirements for injection and storage in particular to prevent significant irregularities; |
− | --- | --- |
− 
− | 5. | the approved monitoring plan, the obligation to implement the plan and requirements for updating it pursuant to Article 13 as well as the reporting requirements pursuant to Article 14; |
− | --- | --- |
+ 5. the approved monitoring plan, the obligation to implement the plan and requirements for updating it pursuant to Article 13 as well as the reporting requirements pursuant to Article 14;
− | 6. | the requirement to notify the competent authority in the event of leakages or significant irregularities, the approved corrective measures plan and the obligation to implement the corrective measures plan in the event of leakages or significant irregularities pursuant to Article 16; |
− | --- | --- |
+ 6. the requirement to notify the competent authority in the event of leakages or significant irregularities, the approved corrective measures plan and the obligation to implement the corrective measures plan in the event of leakages or significant irregularities pursuant to Article 16;
− | 7. | the conditions for closure and the approved provisional post-closure plan referred to in Article 17; |
− | --- | --- |
+ 7. the conditions for closure and the approved provisional post-closure plan referred to in Article 17;
− | 8. | any provisions on changes, review, updating and withdrawal of the storage permit pursuant to Article 11; |
− | --- | --- |
+ 8. any provisions on changes, review, updating and withdrawal of the storage permit pursuant to Article 11;
− | 9. | the requirement to establish and maintain the financial security or any other equivalent pursuant to Article 19. |
− | --- | --- |
+ 9. the requirement to establish and maintain the financial security or any other equivalent pursuant to Article 19.
− ### art_10
+ ### Article 10 — Commission review of draft storage permits
− Article 10
+ ### Article 11 — Changes, review, update and withdrawal of storage permits
− ### art_11
− 
− Article 11
+ (a) if it has been notified or made aware of any leakages or significant irregularities pursuant to Article 16(1);
− | (a) | if it has been notified or made aware of any leakages or significant irregularities pursuant to Article 16(1); |
− | --- | --- |
+ (b) if the reports submitted pursuant to Article 14 or the environmental inspections carried out pursuant to Article 15 show non-compliance with permit conditions or risks of leakages or significant irregularities;
− | (b) | if the reports submitted pursuant to Article 14 or the environmental inspections carried out pursuant to Article 15 show non-compliance with permit conditions or risks of leakages or significant irregularities; |
− | --- | --- |
+ (c) if it is aware of any other failure by the operator to meet the permit conditions;
− | (c) | if it is aware of any other failure by the operator to meet the permit conditions; |
− | --- | --- |
+ (d) if it appears necessary on the basis of the latest scientific findings and technological progress; or
− | (d) | if it appears necessary on the basis of the latest scientific findings and technological progress; or |
− | --- | --- |
+ (e) without prejudice to points (a) to (d), five years after issuing the permit and every 10 years thereafter.
− | (e) | without prejudice to points (a) to (d), five years after issuing the permit and every 10 years thereafter. |
− | --- | --- |
+ ## CHAPTER 4 / OPERATION, CLOSURE AND POST-CLOSURE OBLIGATIONS
− ### art_12
+ ### Article 12 — CO2 stream acceptance criteria and procedure
− Article 12
+ (a) adversely affect the integrity of the storage site or the relevant transport infrastructure;
− | (a) | adversely affect the integrity of the storage site or the relevant transport infrastructure; |
− | --- | --- |
+ (b) pose a significant risk to the environment or human health; or
− | (b) | pose a significant risk to the environment or human health; or |
− | --- | --- |
+ (c) breach the requirements of applicable Community legislation.
− | (c) | breach the requirements of applicable Community legislation. |
− | --- | --- |
+ (a) accepts and injects CO2 streams only if an analysis of the composition, including corrosive substances, of the streams and a risk assessment have been carried out, and if the risk assessment has shown that the contamination levels are in line with the conditions referred to in paragraph 1;
− | (a) | accepts and injects CO2 streams only if an analysis of the composition, including corrosive substances, of the streams and a risk assessment have been carried out, and if the risk assessment has shown that the contamination levels are in line with the conditions referred to in paragraph 1; |
− | --- | --- |
+ (b) keeps a register of the quantities and properties of the CO2 streams delivered and injected, including the composition of those streams.
− | (b) | keeps a register of the quantities and properties of the CO2 streams delivered and injected, including the composition of those streams. |
− | --- | --- |
+ ### Article 13 — Monitoring
− ### art_13
− Article 13
− 
+ (a) comparison between the actual and modelled behaviour of CO2 and formation water, in the storage site;
− | (a) | comparison between the actual and modelled behaviour of CO2 and formation water, in the storage site; |
− | --- | --- |
+ (b) detecting significant irregularities;
− | (b) | detecting significant irregularities; |
− | --- | --- |
+ (c) detecting migration of CO2;
− | (c) | detecting migration of CO2; |
− | --- | --- |
+ (d) detecting leakage of CO2;
− | (d) | detecting leakage of CO2; |
− | --- | --- |
+ (e) detecting significant adverse effects for the surrounding environment, including in particular on drinking water, for human populations, or for users of the surrounding biosphere;
− | (e) | detecting significant adverse effects for the surrounding environment, including in particular on drinking water, for human populations, or for users of the surrounding biosphere; |
− | --- | --- |
+ (f) assessing the effectiveness of any corrective measures taken pursuant to Article 16;
− | (f) | assessing the effectiveness of any corrective measures taken pursuant to Article 16; |
− | --- | --- |
+ (g) updating the assessment of the safety and integrity of the storage complex in the short and long term, including the assessment of whether the stored CO2 will be completely and permanently contained.
− | (g) | updating the assessment of the safety and integrity of the storage complex in the short and long term, including the assessment of whether the stored CO2 will be completely and permanently contained. |
− | --- | --- |
+ ### Article 14 — Reporting by the operator
− ### art_14
− 
− Article 14
+ 1. all results of the monitoring pursuant to Article 13 in the reporting period, including information on the monitoring technology employed;
− | 1. | all results of the monitoring pursuant to Article 13 in the reporting period, including information on the monitoring technology employed; |
− | --- | --- |
+ 2. the quantities and properties of the CO2 streams delivered and injected, including composition of those streams, in the reporting period, registered pursuant to Article 12(3)(b);
− | 2. | the quantities and properties of the CO2 streams delivered and injected, including composition of those streams, in the reporting period, registered pursuant to Article 12(3)(b); |
− | --- | --- |
+ 3. proof of the putting in place and maintenance of the financial security pursuant to Article 19 and Article 9(9);
− | 3. | proof of the putting in place and maintenance of the financial security pursuant to Article 19 and Article 9(9); |
− | --- | --- |
+ 4. any other information the competent authority considers relevant for the purposes of assessing compliance with storage permit conditions and increasing the knowledge of CO2 behaviour in the storage site.
− | 4. | any other information the competent authority considers relevant for the purposes of assessing compliance with storage permit conditions and increasing the knowledge of CO2 behaviour in the storage site. |
− | --- | --- |
+ ### Article 15 — Inspections
− ### art_15
− Article 15
− 
+ (a) if the competent authority has been notified or made aware of leakages or significant irregularities pursuant to Article 16(1);
− | (a) | if the competent authority has been notified or made aware of leakages or significant irregularities pursuant to Article 16(1); |
− | --- | --- |
+ (b) if the reports pursuant to Article 14 have shown insufficient compliance with the permit conditions;
− | (b) | if the reports pursuant to Article 14 have shown insufficient compliance with the permit conditions; |
− | --- | --- |
+ (c) to investigate serious complaints related to the environment or human health;
− | (c) | to investigate serious complaints related to the environment or human health; |
− | --- | --- |
+ (d) in other situations where the competent authority considers this appropriate.
− | (d) | in other situations where the competent authority considers this appropriate. |
− | --- | --- |
+ ### Article 16 — Measures in case of leakages or significant irregularities
− ### art_16
− 
− Article 16
+ ### Article 17 — Closure and post-closure obligations
− ### art_17
− Article 17
− 
+ (a) if the relevant conditions stated in the permit have been met;
− | (a) | if the relevant conditions stated in the permit have been met; |
− | --- | --- |
+ (b) at the substantiated request of the operator, after authorisation of the competent authority; or
− | (b) | at the substantiated request of the operator, after authorisation of the competent authority; or |
− | --- | --- |
+ (c) if the competent authority so decides after the withdrawal of a storage permit pursuant to Article 11(3).
− | (c) | if the competent authority so decides after the withdrawal of a storage permit pursuant to Article 11(3). |
− | --- | --- |
+ (a) updated as necessary, taking account of risk analysis, best practice and technological improvements;
− | (a) | updated as necessary, taking account of risk analysis, best practice and technological improvements; |
− | --- | --- |
+ (b) submitted to the competent authority for its approval; and
− | (b) | submitted to the competent authority for its approval; and |
− | --- | --- |
+ (c) approved by the competent authority as the definitive post-closure plan.
− | (c) | approved by the competent authority as the definitive post-closure plan. |
− | --- | --- |
+ ### Article 18 — Transfer of responsibility
− ### art_18
− Article 18
− 
+ (a) all available evidence indicates that the stored CO2 will be completely and permanently contained;
− | (a) | all available evidence indicates that the stored CO2 will be completely and permanently contained; |
− | --- | --- |
+ (b) a minimum period, to be determined by the competent authority has elapsed. This minimum period shall be no shorter than 20 years, unless the competent authority is convinced that the criterion referred to in point (a) is complied with before the end of that period;
− | (b) | a minimum period, to be determined by the competent authority has elapsed. This minimum period shall be no shorter than 20 years, unless the competent authority is convinced that the criterion referred to in point (a) is complied with before the end of that period; |
− | --- | --- |
+ (c) the financial obligations referred to in Article 20 have been fulfilled;
− | (c) | the financial obligations referred to in Article 20 have been fulfilled; |
− | --- | --- |
+ (d) the site has been sealed and the injection facilities have been removed.
− | (d) | the site has been sealed and the injection facilities have been removed. |
− | --- | --- |
+ (a) the conformity of the actual behaviour of the injected CO2 with the modelled behaviour;
− | (a) | the conformity of the actual behaviour of the injected CO2 with the modelled behaviour; |
− | --- | --- |
+ (b) the absence of any detectable leakage;
− | (b) | the absence of any detectable leakage; |
− | --- | --- |
+ (c) that the storage site is evolving towards a situation of long-term stability.
− | (c) | that the storage site is evolving towards a situation of long-term stability. |
− | --- | --- |
+ ### Article 19 — Financial security
− ### art_19
− Article 19
− 
+ (a) after a storage site has been closed pursuant to points (a) or (b) of Article 17(1), until the responsibility for the storage site is transferred to the competent authority pursuant to Article 18(1) to (5);
+ 
+ (b) after the withdrawal of a storage permit pursuant to Article 11(3):
− | (a) | after a storage site has been closed pursuant to points (a) or (b) of Article 17(1), until the responsibility for the storage site is transferred to the competent authority pursuant to Article 18(1) to (5); |
− | --- | --- |
+ (i) until a new storage permit has been issued;
− | (b) | after the withdrawal of a storage permit pursuant to Article 11(3):(i)until a new storage permit has been issued;(ii)where the site is closed pursuant to Article 17(1)(c), until the transfer of responsibility pursuant to Article 18(8), provided the financial obligations referred to in Articl…
− | --- | --- |
− | (i) | until a new storage permit has been issued; |
− | (ii) | where the site is closed pursuant to Article 17(1)(c), until the transfer of responsibility pursuant to Article 18(8), provided the financial obligations referred to in Article 20 have been fulfilled. |
+ (ii) where the site is closed pursuant to Article 17(1)(c), until the transfer of responsibility pursuant to Article 18(8), provided the financial obligations referred to in Article 20 have been fulfilled.
− ### art_20
+ ### Article 20 — Financial mechanism
− Article 20
+ ## CHAPTER 5 / THIRD-PARTY ACCESS
− ### art_21
+ ### Article 21 — Access to transport network and storage sites
− Article 21
+ (a) the storage capacity which is or can reasonably be made available within the areas determined under Article 4, and the transport capacity which is or can reasonably be made available;
− | (a) | the storage capacity which is or can reasonably be made available within the areas determined under Article 4, and the transport capacity which is or can reasonably be made available; |
− | --- | --- |
+ (b) the proportion of its CO2 reduction obligations pursuant to international legal instruments and to Community legislation that it intends to meet through capture and geological storage of CO2;
− | (b) | the proportion of its CO2 reduction obligations pursuant to international legal instruments and to Community legislation that it intends to meet through capture and geological storage of CO2; |
− | --- | --- |
+ (c) the need to refuse access where there is an incompatibility of technical specifications which cannot be reasonably overcome;
− | (c) | the need to refuse access where there is an incompatibility of technical specifications which cannot be reasonably overcome; |
− | --- | --- |
+ (d) the need to respect the duly substantiated reasonable needs of the owner or operator of the storage site or of the transport network and the interests of all other users of the storage or the network or relevant processing or handling facilities who may be affected.
− | (d) | the need to respect the duly substantiated reasonable needs of the owner or operator of the storage site or of the transport network and the interests of all other users of the storage or the network or relevant processing or handling facilities who may be affected. |
− | --- | --- |
+ ### Article 22 — Dispute settlement
− ### art_22
− Article 22
− 
+ ## CHAPTER 6 / GENERAL PROVISIONS
− ### art_23
+ ### Article 23 — Competent authority
− Article 23
+ ### Article 24 — Transboundary cooperation
− ### art_24
− Article 24
− 
+ ### Article 25 — Registers
− ### art_25
− 
− Article 25
+ (a) a register of the storage permits granted; and
− | (a) | a register of the storage permits granted; and |
− | --- | --- |
+ (b) a permanent register of all closed storage sites and surrounding storage complexes, including maps and sections of their spatial extent and available information relevant for assessing that the stored CO2 will be completely and permanently contained.
− | (b) | a permanent register of all closed storage sites and surrounding storage complexes, including maps and sections of their spatial extent and available information relevant for assessing that the stored CO2 will be completely and permanently contained. |
− | --- | --- |
+ ### Article 26 — Information to the public
− ### art_26
− 
− Article 26
+ ### Article 27 — Reporting by Member States
− ### art_27
− Article 27
− 
+ ### Article 28 — Penalties
− ### art_28
− Article 28
− 
+ ### Article 29 — Amendments of Annexes
− ### art_29
− Article 29
− 
+ ### Article 30 — Committee procedure
− ### art_30
− 
− Article 30
+ 
+ ## CHAPTER 7 / AMENDMENTS
+ 
+ ### Article 32 — Amendment of Directive 2000/60/EC
+ 
+ In Article 11(3)(j) of Directive 2000/60/EC, the following indent shall be inserted after the third indent:
+ 
+ ‘— injection of carbon dioxide streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is made in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 …
+ 
+ ### Article 33 — Amendment of Directive 2001/80/EC
+ 
+ In Directive 2001/80/EC, the following Article shall be inserted:
+ 
+ ‘Article 9a
+ 
+ 1. Member States shall ensure that operators of all combustion plants with a rated electrical output of 300 megawatts or more for which the original construction licence or, in the absence of such a procedure, the original operating licence is granted after the entry into force of Directive 2009/31/…
+ 
+ — suitable storage sites are available,
+ 
+ — transport facilities are technically and economically feasible,
+ 
+ — it is technically and economically feasible to retrofit for CO2 capture.
+ 
+ 2. If the conditions in paragraph 1 are met, the competent authority shall ensure that suitable space on the installation site for the equipment necessary to capture and compress CO2 is set aside. The competent authority shall determine whether the conditions are met on the basis of the assessment r…
+ 
+ ### Article 34 — Amendment of Directive 2004/35/EC
+ 
+ In Annex III to Directive 2004/35/EC, the following paragraph shall be added:
+ 
+ ‘14. The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (16) ;
+ 
+ ### Article 35 — Amendment of Directive 2006/12/EC
+ 
+ Article 2(1)(a) of Directive 2006/12/EC shall be replaced by the following:
+ 
+ ‘(a) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dio…
+ 
+ ### Article 36 — Amendment of Regulation (EC) No 1013/2006
+ 
+ In Article 1(3) of Regulation (EC) No 1013/2006, the following point shall be added:
+ 
+ ‘(h) shipments of CO2 for the purposes of geological storage in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (16) ;
+ 
+ ### Article 37 — Amendment of Directive 2008/1/EC
+ 
+ In Annex I to Directive 2008/1/EC, the following point shall be added:
+ 
+ ‘6.9. Capture of CO2 streams from installations covered by this Directive for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (16) .
+ 
+ ## CHAPTER 8 / FINAL PROVISIONS
+ 
+ ### Article 38 — Review
+ 
+ 1. The Commission shall transmit to the European Parliament and to the Council a report on the implementation of this Directive within nine months of receiving the reports referred to in Article 27.
+ 
+ 2. In the report transmitted by 31 March 2015, the Commission shall assess in particular, on the basis of experience with the implementation of this Directive, in light of the experience with CCS and taking into account technical progress and the most recent scientific knowledge:
+ 
+ — whether permanent containment of CO2 in such a way as to prevent and reduce as far as possible negative effects on the environment and any resulting risk to human health and the environmental and human safety of CCS has been sufficiently demonstrated,
+ 
+ — whether the procedures regarding the Commission's reviews of the draft storage permits, referred to in Article 10, and the draft decisions on transfer of responsibility, referred to in Article 18, are still required,
+ 
+ — experience with the provisions on CO2 stream acceptance criteria and procedure referred to in Article 12,
+ 
+ — experience with the provisions on third-party access referred to in Articles 21 and 22 and with the provisions on transboundary cooperation pursuant to Article 24,
+ 
+ — the provisions applicable to combustion plants with a rated electrical output of 300 megawatts or more referred to in Article 9a of Directive 2001/80/EC,
+ 
+ — prospects for geological storage of CO2 in third countries,
+ 
+ — further development and updating of the criteria referred to in Annex I and Annex II,
+ 
+ — experience with incentives for applying CCS on installations combusting biomass,
+ 
+ — the need for further regulation on environmental risks related to CO2 transport,
+ 
+ and shall present a proposal for revision of the Directive if appropriate.
+ 
+ 3. Where permanent containment of CO2 in such way as to prevent and, where this is not possible, eliminate as far as possible negative effects and any risk to the environment and human health, and the environmental and human safety of CCS have been sufficiently demonstrated, as well as its economic …
+ 
+ ### Article 39 — Transposition and transitional measures
+ 
+ 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 25 June 2011. They shall forthwith communicate to the Commission the text of those measures.
+ 
+ When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
+ 
+ 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
+ 
+ 3. Member States shall ensure that the following storage sites falling within the scope of this Directive are operated in accordance with the requirements of this Directive by 25 June 2012:
+ 
+ (a) storage sites used in accordance with existing legislation on 25 June 2009;
+ 
+ (b) storage sites authorised in accordance with such legislation before or on 25 June 2009, provided that the sites are used not later than one year after that date.
+ 
+ Articles 4 and 5, Article 7(3), Article 8(2) and Article 10 shall not apply in these cases.
+ 
+ ### Article 40 — Entry into force
+ 
+ This Directive shall enter into force on the 20th day following its publication in the *Official Journal of the European Union*.
+ 
+ ### Article 41 — Addressees
+ 
+ This Directive is addressed to the Member States.
… diff truncated at 500 changed lines …